How JustAnswer Works:

Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.

Get a Professional Answer

Via email, text message, or notification as you wait on our site.Ask follow up questions if you need to.

100% Satisfaction Guarantee

Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq., Lawyer

Category: Criminal Law

Satisfied Customers: 94623

Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

10285032

Type Your Criminal Law Question Here...

Law Educator, Esq. is online now

Please Help! My husband was charged with a 3rd degree felony

Resolved Question:

Please Help! My husband was charged with a 3rd degree felony in Pennsylvania, a 6111 carge of sale or transfer of a firearm. In June of 2009 he went to a store to buy a .22 target pistol to go to the range with my brother. His purchase was denied. A few weeks after this he recieved a letter from the state police that he had 2 previous 302 involuntary commitments from 2000, and was prohibited from owning a firearm. When he went to the hospital those times he had voluntarily signed himself in, but the records state that the doctors filed 302 paperwork, which he was unaware of. The charges state that he "knowingly and willfully tried to decieve" My husband has been a nurse since 2002, is licensed in two states, has has countless background checks, including FBI checks. He has had clearances to work in a jail. The nursing boards asked the same question " Have you ever been involuntarily commited?" which he always answered no. He refuses to do anything about this and just says that he is screwed. He had an arrest in 1999 for theft charges in which he was placed on ARD and his record expunged. Will he go to jail? I have been to a dozen lawyers and have heard everything from this is no big deal to he will do 7 years. He has no disiplinary action on either nursing license and in the year and 3 months it took for them to charge him he hasn't even had so much as a parking ticket. What can I realistically expect?

They also charged him with unsworn falsification, but that will not affect his license. The felony will have his license revoked, but more importantly it could send him to jail. We have 2 small children and he is the only one that works. I am just tring to figure out if jail is a real possibility. Some of the lawyers said that this will be reduced to two summeries, some say he will do 7 years on a weapons charge, some say he could get ARD again because the last time he was in trouble was over 10 years ago. The ones that said he would go to jail wanted huge retainers and the others who said it was no big deal wanter as little as $250. I am most worried about the jail time. He is a male nurse, they will kill him in jail. He has spent his life caring for people, he doesn;t have it in him to survive jail.

Please respond directly to my 2 simple questions. If you ignore what I ask, I can not help you because I don't have a clue what the facts are. Keep in mind that I must also depend on what you say. If you say that he had no idea that he was involuntarily held---then I will presume he can prove that.

Here are the facts: The PSP sent the case to the local police because the 302 information was not complete, the local police had to serch for old medical records to see that the doctors had recommened a 302. Then they state that the doctors ordered a 302. The only proof we have is that my father-in-law was with him when he went to the hospital and the hospital gave him the choice of either going voluntarily, or they would have to have a 302 hearing. He went voluntarily and didn't think anything like this would happen

Your previous expert has asked me to assist you. First, the reason you have some attorneys telling you he could do 7 years is because that is the maximum sentence for the first offense and when they are able to negotiate it down (as the other attorneys said would likely happen) they will look like a hero to you. Also, some attorneys always tell the clients the worst scenario because this way the client cannot come back later if the attorney cannot get the charges reduced and accuse the attorney of making promises they cannot keep. Second, while these charges are serious, if he has mitigating facts here to show that the involuntary commitment was never perfected even if the doctors may have suggested it, then the chances are better than not that his attorney will be able to argue that no involuntary commitment was ever actually served and that he had no way of knowing that one was every even suggested by the doctors. While nobody can predict the outcome here, if the facts are as you say, then chances are a good attorney will be able to negotiate with the prosecutors to something that is at the very least a minimal offense and likely could get a dismissal (but none of this is a guarantee, which is what the attorneys telling you 7 years are trying to make you understand). What you need to do is just get him an attorney, pick one that is in the middle of the pack, not the cheapest not the most expensive, and then give them all of the information and evidence you have available for them to negotiate his case. This is the best you can do for him.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Meet The Experts:

Ely

Counselor at Law

Satisfied Customers:

2479

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

X

Ask a Criminal Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

124 Criminal Lawyers are Online Now

Type Your Criminal Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).